A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2013, the Defendant made a false statement to the effect that the victim E will work as an employee from the Fdae, operated by the victim, from December 4, 2013 to the Ddae, which was located in the Glurg Group C, to pay 4 million won as a prepaid payment.

However, even if the defendant receives the advance payment, he did not intend to work as an employee from the Fadow operated by the victim.

The Defendant, by deceiving the victim as above, received 4 million won from the victim to the bank account in the name of the Defendant on the same day as the advance payment.

Summary of Evidence

1. Statement of the defendant in the nine-time protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a detailed statement of automatic cash withdrawal transactions, a copy of passbook, and a certified copy of notarial deed;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended on the sentencing guidelines [decision of types] that is not less than 10 million won (special persons who are punished by imprisonment] (the scope of recommending punishment], and not less than six months but not more than one year and six months;

2. In light of the fact that the Defendant had been punished for the same or similar crime several times, but the Defendant committed the instant crime, the Defendant did not recover the damage to the victim even though at least one year has passed since the date of the instant crime, and the Defendant did not appear several times on the trial date of the instant case, it is inevitable to punish the Defendant with severe punishment.

However, the fact that the defendant reflects the crime of this case, that there is no criminal record other than fines, and that the amount of the defraudation of this case is not excessive, etc. shall be considered as favorable circumstances to the defendant, and the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the records and arguments of this case, such as the age, character and health conditions of the defendant, etc.